ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	House: COM DPA 6-3-1-0 | 3^rd Read 31-29-0-0 Senate: COM DPA 5-2-0-0 | 3^rd Read 16-14-0-0

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HB 2108: unemployment benefits; requirements; disqualifications

Sponsor: Representative Livingston, LD 28

Senate Engrossed

Overview

Creates requirements and factors to determine the validity and eligibility for Unemployment Insurance (UI) benefits.

History

The Department of Economic Security (DES) administers the unemployment insurance benefit program, which provides temporary financial relief to eligible unemployed individuals who separate from their previous employers at no fault of their own. In order to be eligible for UI benefits, an individual must be able to work, available for work and actively seeking work.  Further, the individual must engage in a systematic and sustained effort to search for work on at least four different days each week and make at least four work search contacts each week.

DES examines any claim for benefits and determines whether the claim is valid. DES must promptly notify the claimant of the determination. The claimant has 15 days from the date the notification was mailed to appeal the determination. 

Individuals who fail to apply for available and suitable work, actively engage in seeking work, accept suitable work when offered or return to customary self-employment as directed by DES are disqualified from UI benefits (Title 23, Chapter 4, A.R.S.).

Provisions

1. Revises the UI eligibility requirements by:

a) reinserting that a person must be available for work;

b) removing the requirement that a person must make an effort to obtain work and search for work on at least 4 different days of the week;

c) specifying a person must actively seek and apply for suitable work;

d) requiring a person to conduct at least five specified work search action each week; and

e) instructing the individual to provide a weekly report that details the work search actions for every week a benefit is sought. (Sec. 2)

2. Prevents DES from paying UI benefits until an initial or ongoing claim is cross-checked for validity against outlined data sets. (Sec. 3)

3. Stipulates a claim will not be paid and the claimant is disqualified from receiving benefits and referred for prosecution if a cross-check indicates that the claim is ineligible or fraudulent. (Sec. 3)

4. Directs DES, prior to paying benefits, to examine any initial claim and confirm the claim's validity if the claim:

a) was submitted electronically through an internet address located outside of Arizona;

b) references an address for which another current claim was submitted; or

c) is associated with a direct deposit for a bank account already used for another current claim. (Sec. 3)

5. Allows DES to refer the matter for prosecution if a fraudulent claim was filed. (Sec. 3)

6. Restates that the individual is disqualified for benefits for failure to actively seek and apply for suitable work, to accept an offer of suitable work or to accept reemployment at the same employer, if offered. (Sec. 4)

7. Directs an employer to report to DES when an individual who was a previous employee:

a) Refuses to return to work or accept an offer of suitable work; or

b) Fails to appear for a scheduled interview or respond to an offer of employment. (Sec. 4)

8. Permits employers to submit the required report to DES either digitally or through email. (Sec. 4)

9. Requires DES to conduct an independent review of each submitted report to determine whether an individual should be disqualified from receiving benefits. (Sec. 4)

10. Makes technical changes. (Sec. 1)

Senate Amendments

1) Clarifies an individual is disqualified for UI benefits for failure to accept reemployment at the same employer for suitable work, if offered.

2) Makes clarifications to the specified work search actions that an individual must conduct for UI eligibility which include:

a) Submitting resumes to employers;

b) Completing job applications and submitting the applications to employers; and

c) Attending job fairs that are recognized by DES and the individual's attendance is verifiable by DES.

3) Makes conforming changes.

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                        HB 2108

Initials PRB     Page 0 Senate Engrossed

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